House committee substitute amends the 1st edition by making a technical correction to internal cross-references in GS 62-133.12(g), concerning the proposed exemption for unreimbursed costs for relocating facilities due to roadway projects from the 7.5% limitation imposed on cumulative system improvement charges based upon annual service revenues.

Amends GS 20-7 to require the Division of Motor Vehicles (DMV) to provide a copy of any application, form, or test required for licensure to drive in the native language of the applicant upon request.

Further amends the statute as follows. Creates a restricted drivers license for applicants who do not present a valid social security number and meet six qualifications, including that the applicant has limited legal status or is not lawfully present in the US, the applicant completes a required training course, and the applicant provides proof of NC residency for at least one year. Directs the DMV to contract with a nonprofit or community-based agency to establish and conduct a training course at least one-hour in length for restricted drivers license applicants to provide an overview of social systems and resources available to residents and an overview of applicable laws. Authorizes remote training. Sets restricted drivers licenses to expire on the licensee's birthday in the second year after issuance, with renewed licenses expiring two years after renewal. Authorizes remote renewal of restricted drivers licenses. Establishes an issuance or renewal fee for restricted drivers licenses at $53. Requires restricted drivers licenses to be of a unique design and color distinguishing it from the REAL ID compliant drivers license; requires consultation with interested nonprofits and community-based agencies. Makes conforming changes.

Enacts GS 20-10.2 making any information provided by an applicant for a restricted drivers license inadmissible in any proceeding. Specifies that possession of a restricted drivers license alone cannot be a basis for a criminal investigation, arrest, or detention in circumstances in which a person who possesses some other form of identification would not be criminally investigated, arrested, or detained. 

Modifies the DMV's authority to cancel a driver's license under GS 20-15 on the grounds that the licensee is no longer authorized under federal law to be legally present in the US, adding that the licensee must also not be eligible for a restricted drivers license.

Applies to drivers licenses issues on or after October 1, 2021. 

Blank bill.

Part I.

Repeals GS 14-60, which made the burning of schoolhouses or buildings of educational institutions a Class F felony. 

Enacts new GS 14-62.3 to provide the penalties for wantonly and willfully setting fire to or burning or aiding, counseling, or procuring the burning of any commercial structure, defined as any building or structure that is not designed principally for residential purposes, or its contents. Violations are a Class D felony if the structure was occupied at the time of the burning and a Class E felony if the structure was unoccupied at the time of the burning.

Amends the following statutes to provide for the punishment stated in the statute unless the conduct is covered under some other provision of law that provides for greater punishment: GS 14-61 (burning of certain bridges and buildings), GS 14-62 (burning of certain buildings), GS 14-62.1 (burning of building or structure in process of construction), GS 14-62.2 (burning of churches and certain other religious buildings), and GS 14-64 (burning of ginhouses and tobacco houses).

Adds to GS 14-64, which provides for the Class H felony offense of burning ginhouses and tobacco houses, to define ginhouse as any building or structure where cotton is ginned, and tobacco house as any barn, building, or other structure used for curing and aging tobacco. Makes organizational changes. 

Part II.

Amends GS 14-69.3 by adding that a person is guilty of a Class F felony for committing a felony under Article 15 (Arson and other burnings) where a firefighter, law enforcement officer, fire investigator, or emergency medical technician suffers physical injury while discharging (or attempting to do so) their official duties on the property, or proximate to the property, that is the subject of the individual's discharge of their respective duties.

Part III.

Amends GS 58-79-1 to authorize the Commissioner of Insurance (Commissioner), through the Office of the State Fire Marshal (Office), and the State Bureau of Investigation (SBI), along with specified local fire departments and authorities (previously, the Director of the SBI through the SBI, the Office and the specified local entities) to investigate the cause, origin, and circumstances of fires, as specified. Makes conforming changes to the statute and to GS 58-79-5 to transfer the previous duties and authorities regarding investigations of the SBI Director to the Commissioner, except maintains that the Director only has the power to make arrests. Makes conforming changes and language gender-neutral. Makes conforming changes to GS 58-79-10 (power in investigations) and GS 58-79-15 (Failure to comply with summons or subpoena).

Amends GS 58-79-40 to authorize the Office to request any insurance company investigating a fire of real or personal property to release any information in its possession relative to that loss. Also requires insurance companies to notify, cooperate with, and provide relevant information to the Office if the company believes the property loss was caused by incendiary means.

Effective October 1, 2021.

Part IV.

Makes the following changes regarding criminal history checks of applicants to and current members of fire departments and emergency medical services required by GS 143B-943. Adds to the crimes included in criminal history any criminal offense set forth in Article 22, Damages and Other Offenses to Land Fixtures, of GS Chapter 14. Makes a technical change to reflect the title change to Article 5A of GS Chapter 14. Adds a new provision authorizing the local Homeland Security director, local fire chief, county fire marshal, or local law enforcement agency requesting the criminal history of an applicant or current member to charge the applicant or current member the fee amount charged by the Department of Public Safety.

Adds a new subsection (d1) prohibiting an applicant from serving in a paid or volunteer position with a dire department if a verified criminal history check reveals a conviction of arson or any felony conviction involving burning or setting fire under Articles 14, 22, or any other Article of GS Chapter 15 (appears to intend Articles 15, Arson and Other Burnings, 22, Damages and Other Offenses to Land and Fixtures, or any other Article of GS Chapter 14). Requires a local Homeland Security director, local fire chief, county fire marshal, or local law enforcement agency to request disclosure of any such pending charges, and upon disclosure or discovery of such charges, deny the applicant a paid or volunteer position. Separates the authorized actions of local fire departments from that of emergency medical services regarding refusal to consent to a criminal history check or use of fingerprints or other identifying information. Mandates that local fire departments deny applicants, and authorizes the dismissal of current members, who refuse to consent to a criminal history record check or use of fingerprints or other identifying information (previously both actions were permitted). Establishes that refusal constitutes just cause for the denial or dismissal. Authorizes local fire departments to extend a conditional offer of the position pending the results of the criminal history record check or final disposition of felony charges disclosed or discovered (previously pending the results of a criminal history check only). Makes conforming and technical changes.

Amends GS 153A-233 to require counties to ensure that any unit of local government or incorporated fire department with whom the county contracts for fire-fighting or prevention services obtains a criminal history record check of any person who applies for a paid or volunteer position providing such services, pursuant to the procedures and evaluations provided in GS 143B-943, as amended.

Amends GS 153A-234, concerning counties, and GS 160A-292, concerning cities, to require the fire marshal or chief to obtain a criminal history record check of any person who applies for a paid or volunteer position with the fire department, pursuant to the procedures and evaluations provided in GS 143B-943, as amended

Applies to applications submitted on or after December 1, 2021.

Part V.

Provides that prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. 

The act is effective December 1, 2021, and applies to offenses committed on or after that date. 

Appropriates $165,000 to the Department of Agriculture and Consumer Services (DACS) for 2021-22 to be allocated for the provision of grants to create beekeeping programs for high school chapters of Future Farmers of America (FFA). Specifies purchases eligible for grant funding include: materials to house honeybee colonies; protective gear and other equipment necessary for beekeeping; queens, honeybee packages, and nucleus colonies; and the registration and course materials for courses certified by the NC State Beekeepers Association for two persons per grant. Caps grants at $1,500 per county with FFA chapters responsible for matching funds as required by DACS. Requires grant fund recovery if the beekeeping program is not maintained for at least three school years. Authorizes DACS to spend up to $15,000 of the appropriated funds for administrative costs. Authorizes DACS to adopt temporary implementing rules through the Board of Agriculture. Effective July 1, 2021.

Part I.

Enacts GS 55-7-09(c) to authorize a corporation's board of directors, in its sole discretion, to determine that any shareholder meeting will be held solely by means of remote communication, unless prohibited by the articles of incorporation or bylaws, so long as existing measures for remote participation are implemented. Makes technical changes. 

Amends GS 55-7-05 to allow for an annual or special shareholders' meeting that is adjourned to a different date to be continued solely by remote communication if it is announced at the meeting before adjournment and the new date and time are noticed the same, unless the bylaws require otherwise. Adds a new provision to deem further notice in accordance with the time restraints of subsection (a) is not required when a governmental order restricts travel or group gatherings applicable to the place of the meeting or principal office in effect and in good faith are anticipated to be in effect at the date and time set forth in the initial notification. Requires the board of directors to determine to hold the meeting solely by remote communication at the same date and time set or a different date and time, and the corporation to promptly issue a national press release announcing the same and file the press release with the SEC contemporaneously. Makes technical and clarifying changes. 

Amends GS 55-7-20 to allow the shareholders' list to be available on a reasonably accessible electronic network, with access information provided with the meeting notice, in lieu of making the list available for inspection at the principal office or place identified in the meeting notice. Requires access to the electronic list to continue through the meeting if the meeting is to be held solely by means of remote communication. Makes clarifying and technical changes. Makes language gender neutral.

Amends GS 55-10-22 to provide for amendment or repeal of a bylaw that prohibits a meeting of shareholders solely by means of remote communication in the same way as bylaws are amended or repealed that fix a greater quorum or voting requirement for the board of directors. Makes technical changes. 

Makes further conforming changes to GS 55-7-01 (annual meetings) and GS 55-7-02 (special meetings).

Directs the Revisor of Statutes to print relevant Official Comments to the Revised Model Business Corporation Act and explanatory comments of the drafters.

Part II.

Replaces the provisions of GS 55A-1-70 with the following. Authorizes a nonprofit corporation, its officer, directors, and members to conduct business electronically in accordance with the Chapter and Article 40 of GS Chapter 66 without further consent or agreement unless prohibited by the articles of incorporation or bylaws. Provides that the Chapter's provisions supersede conflicting provisions of Article 40 of GS Chapter 66. Requires prior agreement of a member before conducting communication or business electronically with the member, including the member providing written agreement, designating a preferred email address, and providing any other facilitating information. Requires the nonprofit to inform the member on how to revoke the agreement.

Makes conforming changes to GS 55A-1-41 regarding electronic notice to members. Eliminates provisions allowing a member to terminate an agreement to electronic notice at any time on a prospective basis upon written notice. Makes technical and clarifying changes. Makes conforming changes to GS 55A-7-04 regarding action by written consent, and to GS 55A-8-21 regarding board action without meeting. 

Enacts GS 55A-7-09 to authorize a nonprofit corporation's board of directors to determine that any membership meeting will be held remotely if participants can hear other participants and be heard by other participants if recognized. Provides for electronic voting and verification of a quorum. Details additional notice requirements for electronic meetings, including sufficient instruction on how members can join the meeting, notice of electronic voting, and information on how to inspect or gain access to the members' list. Allows boards to prescribe additional rules and procedures for remote meetings consistent with the Chapter and Article 40 of GS Chapter 65. Specifies that all references to meetings in the Chapter include electronic meetings.

Amends GS 55A-7-01 and GS 55A-7-02 to explicitly authorize remote annual, regular, and special meetings as provided in new GS 55A-7-09. Makes conforming changes. 

Amends GS 55A-7-03 to authorize court-ordered meetings to be held remotely as provided in new GS 55A-7-09. Makes technical and clarifying changes.

Makes the following changes to GS 55A-7-05 regarding meeting notices. Requires notices for remote meetings to include the information required in new GS 55A-7-09. Requires continued meetings held remotely to announce a description of the means of remote communication. Makes technical and clarifying changes.

Amends GS 55A-7-06 to limit the exception to the general rule that attendance waives the right to object to consideration of a particular matter that was not within the purposes described in the meeting notice. Provides that waiver does not apply when the member objects to the matter's consideration before it is voted on in an in-person meeting. 

Amends GS 55A-7-08 to provide for action by written ballot and electronic voting. Adds to the existing parameters for written ballots to require ballots to contain or request information sufficient to identify the member of the member's proxy unless secret balloting is required. Allows submission of written ballots by any reasonable means specified by the corporation, including email (previously authorized electronic submission). Establishes parameters for electronic ballots or electronic notice that sets forth each proposed action and provides an opportunity and instruction on how to vote for or against each proposed action using the electronic ballot or an electronic voting system, limited to members who have agreed to electronic communication and business under GS 55A-1-70 as amended. Lists four requirements of electronic voting, including control mechanisms and recordkeeping. Limits the use of solely electronic voting to when all members entitled to vote on a proposed action have agreed pursuant to GS 55A-1-70, as amended. Requires that all deadlines for returns of written ballots and electronic ballots and for casting of electronic votes on any proposed action be identical. Prohibits revocation of any electronic ballot or electronic vote submitted unless otherwise provided in the articles of incorporation or bylaws. Makes conforming changes. 

Amends GS 55A-7-24 to allow for appointment of a proxy electronically with the member's signature or sent from the member's designated email address pursuant to GS 55A-1-70 as amended. Makes clarifying and technical changes. 

Amends GS 55A-7-20 to alternatively allow a members' list to be available on a reasonably accessible electronic network so long as access information is provided with the meeting notice. Allows for the nonprofit to take reasonable steps to ensure restrict access to members only. Makes conforming and technical changes. 

Amends GS 55A-8-20 to specify that electronic nonprofit board meetings require that all participating directors hear and can be heard by each other during the meeting. 

Part III.

Amends GS 47C-3-108 to require a unit owner to agree to email notification in order for a condominium association meeting notice to be delivered to them via email. Makes technical changes by removing outdated language. Adds that meetings of the association and executive board that are held remotely do not have to be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised.

Amends GS 47F-3-108 to require a lot owner to agree to email notification in order for a planned community association meeting notice to be delivered to them via email. Makes technical changes by removing outdated language. Adds that meetings of the association and executive board that are held remotely do not have to be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised.

Part IV.

Amends GS 58-8-10 by adding to the information that must be included in a meeting notice given to members of a mutual insurance company, to require including the method of remote communication. Specifies that language that is to be included in the notice when the meeting has a remote connection or is held solely remotely. Makes participation via remote communication subject to guidelines and procedures adopted by the board of directors. Specifies that members participating in meetings remotely are to be deemed (1) present and (2) voting in person at the meeting if the mutual insurance company has implemented reasonable measures to: (1) verify membership status of people participating remotely; (2) give each member participating remotely a reasonable opportunity to participate in the meeting and to vote on matters submitted to the members substantially concurrently with the proceedings. Allows the board of directors to determine that any meeting of members must be held solely by means of remote communication, but only if the mutual company implements the measures specified above.

Part V.

Allows remote shareholder meetings noticed before this act’s effective date that comply with Executive Order No. 185, to proceed remotely as originally noticed notwithstanding any notice and meeting requirements of GS Chapter 55 (North Carolina Business Corporation Act).